ADJUDICATION OFFICER DECISION

Adjudication Decision Reference: ADJ-00000596

Complaint(s)/Dispute(s) for Resolution:

Date of Adjudication Hearing: 08/03/2016

Workplace Relations Commission Adjudication Officer: Jim O'Connell

Procedure:

In accordance with Section 41(4) of the Workplace Relations Act, 2015 and Section 79 of the Employment Equality Act, 1998, following the referral of the complaint(s)/dispute(s) to me by the Director General, I inquired into the complaint(s)/dispute(s) and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint(s)/dispute(s). 

1. DISPUTE

The complainant referred a complaint, under the Employment Equality Acts to the Director of the Equality Tribunal on 12th November 2015 alleging the respondent

a. Discriminated against him on grounds of gender

b. Has discriminated against him on grounds of family status

c. Has victimised him

d. Has treated him unlawfully against him with respect of his terms and conditions of employment

e. Has treated him unlawfully by discriminated against him by dismissing him for discriminatory reasons

Preliminary Submission

The respondent submitted the Time Period relevant to Allegations in accordance with Section 77 of the Acts that a complaint must be submitted within 6 month as of the alleged discrimination/victimisation or the most recent incident, that the period being extendable to 12 months where reasonable cause for the delay can be shown.

It was submitted the complaint was received by the WRC on the 12th November 2015 and it would appear that most if not all the allegations relate to matters which occurred more than 6 months prior to that date. It was submitted the complaint refers to alleged discriminatory behaviour since 2005. The respondent submitted that no reasonable cause has been put forward to seek an extension to the 6 months time limit, and in any event, it is unclear if any such extension would capture any of the events complained of.

The respondent further submitted that the complaints also referred in his complaint in the work place relations form that he is subject of an ongoing disciplinary procedure by the respondent. It was stated that this was an internal confidential process.

The claimant submitted that the complaint could not be lodged at an earlier date due to an ongoing investigation by the respondent which was initiated in the year 2012. The complainant has been placed on administrative leave since the 20^th December 2012 it was submitted that the complainant was instructed not attend the workplace pending the outcome of the investigation and disciplinary process. The terms of reference of the investigation and disciplinary process committed the parties to confidentially.

Findings

In accordance with his powers under Section 75 of the Acts, the Director delegated the case on 2nd March 2016 to me, Jim O’Connell an Equality Officer, for Investigation and Decision. Submissions were received from both parties. As required by Sec 79(1) of the Acts a hearing was held on 8th March, 2016

5.1. Section 77(5) (a) of the Act provides as follows;

“ Subject to paragraph (b) , a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of six months from the date of occurrence of the discrimination or victimisation to which the case relates or, as the case may be , the date of its most recent occurrence”

5.2. However Section 77(5) (b) of the Act provides for an extension of time of a maximum of a further six months on application to the Director due to reasonable cause.

(5) Subject to subsection (6), a claim for redress in respect of discrimination or victimisation may not be referred under this section after the end of the period of 6 months from the date of the occurrence or, as the case may require, the most recent occurrence of the act of discrimination or victimisation to which the case relates.

Decision

I find the complaint is out of time and falls.

Jim O’Connell 

Adjudicating Officer

4 November 2016